Apoorva, Author at SCC Times

Allahabad High Court asks Trial Courts to not issue certified copies of statements under S. 164 CrPC to any person till cognizance is taken

Allahabad High Court directed the Investigating Officers not to supply a copy of the statements recorded under Section 164 CrPC to any person during investigation.

Case Briefs High Courts

Absence of payment of freight charges, acknowledgement of taking delivery of goods, toll receipts fails to establish physical movement of goods; Allahabad HC upholds proceedings under S.74 of UPGST

“In the event of wrong availment of input tax credit, the proceedings can be initiated against the registered person or registered dealer but at the same time, restrictions has been imposed upon the authorities that without putting notice to the dealer, no adjudication proceeding can be initiated.”

Case Briefs Supreme Court

Supreme Court grants anticipatory bail to journalist Shajan Skaria in SC/ST Act case for making derogatory remarks against MLA PV Sreenijin

“All insults or intimidations to a member of the Scheduled Caste or Scheduled Tribe will not amount to an offence under the Act, 1989 unless such insult or intimidation is on the ground that the victim belongs to Scheduled Caste or Scheduled Tribe.”

Case Briefs Supreme Court

Incriminatory Statement given by PMLA accused in custody is inadmissible in another money laundering case: Supreme Court

“Article 21 being a higher constitutional right, statutory provisions should align themselves to the said higher constitutional edict”

Case Briefs High Courts

Complete denial of company to spouse, without any justifiable reason, amounts to cruelty; Constitutes death of spirit and soul of Hindu marriage: Allahabad HC

“A Hindu marriage is a sacrament and not just a social contract where one partner abandons the other without reason or just cause or existing or valid circumstance necessitating that conduct, the sacrament loses its soul and spirit, though it may continue to hold its external form and body.”

Case Briefs Supreme Court

Supreme Court grants bail to K. Kavitha in Delhi Excise Liquor Policy Scam

The CBI and the ED have claimed that K. Kavitha was involved in the exchange of bribes and money laundering in connection with the Delhi Excise Policy

Hot Off The Press News

Supreme Court issues notice in former IPS Sanjiv Bhatt’s appeal against conviction in 1990 custodial death case

The victim’s family alleged that was in police custody for nine days but after being released on bail, he had died of renal failure.

Case Briefs High Courts

Allahabad High Court orders inquiry against State in concealing material evidence against Mahant accused of filming bathing women in Chhota Haridwar

Allahabad High Court has directed an inquiry to be conducted by an Officer not below the rank of Principal Secretary to be nominated by Chief Secretary of Uttar Pradesh

Case Briefs High Courts

Can plea bargaining extend to commission of a gender centric offence? Madras High Court answers

“BNS has made certain offences gender neutral. But still, they are gender centric offences and not non-gender offences. There is a sharp difference between gender centric or gender-neutral offence and a non-gender offence.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

APTEL directs BESCOM to make payments of all unpaid invoices along with interest and future payments to wind power generators

“It is an established legal principle that any administrative action / order does not absolve a party to a valid and subsisting Power Purchase Agreement from discharging its obligation under the PPA.”

Case Briefs High Courts

Allahabad High Court rejects second bail application of a man accused of committing unnatural sex with cows

Allahabad High Court said that no new ground has been taken by the accused in the second bail application

Case Briefs Supreme Court

[Kolkata Rape and Murder case] Supreme Court directs Ministry of Health to open portal for stakeholders to submit suggestions before Task Force committee

In the earlier order, the Supreme Court directed CBI to file a status report on the progress in the investigation of the crime at RG Kar Medical College Hospital on 22-08-2024. The State of West Bengal was also directed to file a status report by 22-08-2024 on the progress of the investigation on the acts of vandalism which took place at the Hospital in the aftermath of the incident.

Case Briefs Supreme Court

Non-fixation of cut-off marks for persons with disability under Overall Horizontal Reservation does not violate Fundamental Rights: SC

Supreme Court said that the reservation for the Persons with disabilities has been treated as Horizontal Reservation i.e. the reservation under Clause (1) of Article 16, and not the Vertical reservation i.e. the reservation under Clause (4) of Article 16 of the Constitution of India.

Case Briefs High Courts

Allahabad High Court denies bail to Maulana accused of performing Nikaah after forced conversion to Islam

Allahabad High Court said that the informant in her statement recorded under Section 164 CrPC had categorically submitted that she was forced to accept ‘Islam’ and Nikaah was performed. Thus, the applicant being “Religion Convertor” is equally liable under the Act, 2021.

Case Briefs Supreme Court

[Kolkata Rape and Murder case] Supreme Court orders constitution of National Task Force to give recommendations on modalities ensuring safety at workplace

Supreme Court said that as more and more women join the work force, the nation cannot wait for another rape for things to change on the ground.

Case Briefs Supreme Court

[Sikmi Rights] Supreme Court directs Tehsildar to carry out measurement of disputed property; Maintains status quo

Supreme Court clarified that if there is any attempt by the parties to obstruct the revenue authorities or the local police from complying with our directions, suitable action will be taken against them.

Case Briefs High Courts

Madras HC dismisses plea to declare ‘Thirukkural’ as National book of high values and virtues of India

“We are not restricting Thirukural to Tamil Nadu alone but at the same time, we do not want to open the Pandoras box, that will lead to complete chaos. Hence, we are not entertaining the Writ Petition.”

Case Briefs High Courts

Can oral gift deed under Mohammedan Law reduced in writing on unregistered document be subjected to S. 47-A of Stamp Act? Allahabad HC answers

The proceedings under S. 33 of Stamp Act will be initiated and not under S. 47-A if gift deed requires for payment of stamp duty.

Case Briefs Supreme Court (Constitution/Larger Benches)

Judgment on States’ power to levy tax on mining and mineral-use activities to apply retrospectively from 2005: Supreme Court

On 25-07-2024, the Supreme Court in 8:1 majority held that royalty paid by mining operators to the Central government is not a tax and that States have the power to levy cesses on mining and mineral-use activities. Whereas, Justice BV Nagarathna gave a dissenting opinion.

Case Briefs High Courts

‘Victim abused the judicial process by filing a false FIR’: Madras HC acquits rape convict after noting that victim has a second child with him

“Madras High Court said that, in the instant case, the prosecution has not been able to establish that there indeed was a crime. In fact, there is an abuse of judicial process when the victim set a criminal law in motion, perhaps with a false FIR”